Ordered that the order is affirmed insofar as appealed from, with costs.
In 1981, Mildred Zuck, the decedent, was a patient at St. John's Riverside Hospital (hereinafter the hospital) and underwent surgery to remove her entire cancerous left ureter. The defendant Michael Sierp, the decedent's private attending physician, performed the operation. This malpractice action was commenced in February 1988 based, in pertinent part, on the claim that a section of the ureter...
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